Tina's Delaware Adoption Page

Delaware Adoption Legal Resources
Delaware Public Data
Overview of Delaware Adoption Search Information
Finders Keepers a Delaware-based search and support group for adults who were adopted, their birth parents, adoptive parents, and their significant loved ones.
Delaware State Assembly - Legislative Information Page
STATE OF DELAWARE ON LINE
(Addresses, phone numbers, e-mail for Delaware Government)

Overview of Delaware Adoption Information Page
Adult adoptees can access "non-identifying" information upon reaching the age of majority.
Birth parents can access "non-identifying" information regarding the adoptive family.
Adult adoptees and birth parents can use the adoption systems in each county to conduct a search, using a trained (Confidential Intermediary) . Requires consent from the contacted party for the release of information.
A consent or affidavit to release information can be placed in the adoptee file for release to an inquiring party if same includes a consent/affidavit.
The courts can release identifying information to the adoptee with a "compelling need" for medical information.
If the birthparent is deceased, adoptee can get their original birth certificate.

Access to Delaware Adoption Records or Information

Delaware law permits access to adoption records by court order only. In cases in which the adoptee's health or the health of a blood relative of the adoptee is concerned, if the agency has refused to release health information to the individual the Court may, on petition, permit that person to inspect that part of the agency or court record containing medical information for health reasons. Identifying information may be disclosed if blood relative are necessary to medical treatment.
13 Dom. Rel. 923, 924, 925

Text of 1999 Bill Amending Title 13

Section 1. Amend Section 5, Chapter 481, Volume 71, Laws of Delaware, by adding thereto a new subsection, designated as subsection (c), which new subsection shall read as follows:
"(c) If an adoptee 21 years of age or older seeks vital records about any event occurring before January 18, 1999, the Office of Vital Statistics shall consult Family Court to determine whether there is an affidavit on file expressing a desire by either birthparent to keep information about the adoption confidential.
If there is an affidavit on file with Family Court authorizing the release of information, the Office of Vital Statistics shall request a copy of the affidavit and, upon receipt of the affidavit, release the authorized records.
If there is an affidavit on file with Family Court denying the release of information, or if there is no affidavit on file with Family Court, the Office of Vital Statistics shall send notice, as described below, by United States mail to the birthparent(s).
A. The Office of Vital Statistics shall search a computerized telephone or address database, as well as Delaware’s Department of Motor Vehicles and voter records in order to determine the most likely address of the birthparent. Such notice shall be sent to that address. If no current address is available, then notice shall be sent to the last known address for the birthparent(s). Such notification shall be mailed within 30 days from when the adoptee requested release of the records.
B. The Office of Vial Statistics shall notify the birthparent(s) of the legal requirements for maintaining confidentiality and shall provide them with the appropriate forms. The Office of Vital Statistics shall also advise the birthparents(s) that in the event that a written notarized statement denying the release of information is not received within 35 days from the date of the mailing of the notification required in subparagraph A. of this subsection then the Office of Vital Statistics will release the records to the adoptee.
If the Office of vital Statistics receives a written notarized statement denying the release of information, then it shall not release the records.
ii) If no such written statement is received within 35 days from the date of the mailing of the notification required in subparagraph A. of this subsection or if the birthparent(s) specifically authorizes release, then the Office of Vital Statistics shall release the records to the adoptee.".